Preview
FILED: NEW YORK COUNTY CLERK 02/18/2020 11:22 AM INDEX NO. 151750/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/18/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
SENTINEL INSURANCE COMPANY, LTD. a/s/o
RISKIFIED, INC., Index No.
Plaintiff,
VERIFIED COMPLAINT
-against-
BREATHER PRODUCTS, US INC.,
Defendant.
x
Plaintiff Sentinel Insurance Company, Ltd. a/s/o Riskified, Inc., by its attorneys,
Robinson & Cole LLP as and for its verified complaint herein, respectfully sets forth as follows:
Parties
1. That at all times hereinafter mentioned, plaintiff Sentinel Insurance Company,
Ltd. a/s/o Riskified, Inc. ("Plaintiff') was and is a domestic corporation, licensed and authorized
to sell property insurance in the State of New York. with an address and place of business
located at One Hartford Plaza, Hartford, Connecticut 06155.
2. That at all times hereinafter mentioned, defendant, Breather Products US, Inc.
("Defendant Breather") was and is a domestic corporation licensed and registered to do business
in the State of New York with an office at 455 Broadway, 3rd Floor, New York, New York
10013.
Venue
3. Venue is in New York County, the county in which a substantial part of the events
or omissions giving rise to the claim occurred. N.Y. CPLR 503(A).
20391154-v1
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FILED: NEW YORK COUNTY CLERK 02/18/2020 11:22 AM INDEX NO. 151750/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/18/2020
First Cause of Action
(Negligence)
4. Breather Products US, Inc. ("Breather") leases space on the third floor of 220
Fifth Avenue, New York, New York 10001.
5. Riskified leased space on the second floor of the building at 220 fifth Avenue,
New York, New York.
6. Pursuant to Clause 8 of the Breather's lease with the Owner of the building,
Breather was obligated to maintain the HVAC system in its leased premises.
7. On January 31, 2019, due to Breather's failure to maintain its HVAC system,
pipes froze and burst, causing water to flow down into Riskified's lease premises.
8. Defendant Breather was negligent in failing to properly maintain the HVAC
system.
9. As a result of Defendant Breather's negligence, Riskified incurred damages in the
amount of $359,391.87.
10. Sentinel Insurance Company, Ltd. insured Riskified under a property insurance
policy No. 30 SBARS 220.
11. As a result of this water leak Riskified submitted a claim to Sentinel Insurance
Company, Ltd.
12. Pursuant to the terms of the policy, Sentinel paid Riskified $359,391.87 and
Sentinel is subrogated to the rights of its insured Riskified. There was also a $1,000.00
deductible.
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FILED: NEW YORK COUNTY CLERK 02/18/2020 11:22 AM INDEX NO. 151750/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/18/2020
WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of Three
Hundred Fifty-Nine Thousand, Three Hundred Ninety-One dollars and eighty-seven cents
($359,391.87), together with the costs and disbursements of this action together with interest at
9% from the date of loss of January 31, 2019.
Dated: February 18, 2020.
ROBINSON & COLE LLP
By:
Gregory J. Ligelis
Attorneys for Plaintiff
Sentinel Insurance Company, Ltd. a/s/o
Riskified, Inc.
1055 Washington Blvd.
Stamford, CT 06901
Tel.: 203.462.7516
Fax: 203-462-7599
gligelis@rc.com
Chrysler East Building
666 Third Avenue, 20th Floor
New York, New York 10017
Tel.: 212.451.2900
Fax: 212.451.2999
TO: Breather Products US, Inc.
455 Broadway, 3rd Floor
New York, New York 10013
(via Secy. of State)
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FILED: NEW YORK COUNTY CLERK 02/18/2020 11:22 AM INDEX NO. 151750/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/18/2020
ATTORNEY'S VERIFICATION
of the
GREGORY J. LIGELIS, an attorney duly admitted to practice before the Courts
State of New York, affirms the following to be true under penalties of perjury.
f,
Iam an attorney with the law firm of Robinson & Cole LLP, attorney for Plaintif
Verified
Sentinel Insurance Company, Ltd. a/s/o Riskified, Inc. Ihave read the attached
ge, except those
Complaint and know the contents thereof, and the same are true to my knowled
as to those
matters therein which are stated to be alleged upon information and belief, and
mattersIbelieve them to be true. My belief, as to those matters therein not stated upon
d in my files.
knowledge, is based upon facts, records, and other pertinent information containe
whereinI
Imake the foregoing affirmation because Plaintiff is not presently in the county
maintain my offices.
Sworn to before me this
kce1A%-day of February, 2020
Notary Public
Andrea Strada
State of Connecticut
Notary Public
Commission No. 141196
r i‘ My Commission Expires 4/30/2020
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Preview
FILED: NEW YORK COUNTY CLERK 02/18/2020 11:22 AM INDEX NO. 151750/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/18/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x SENTINEL INSURANCE COMPANY, LTD. a/s/o RISKIFIED, INC., Index No. Plaintiff, VERIFIED COMPLAINT -against- BREATHER PRODUCTS, US INC., Defendant. x Plaintiff Sentinel Insurance Company, Ltd. a/s/o Riskified, Inc., by its attorneys, Robinson & Cole LLP as and for its verified complaint herein, respectfully sets forth as follows: Parties 1. That at all times hereinafter mentioned, plaintiff Sentinel Insurance Company, Ltd. a/s/o Riskified, Inc. ("Plaintiff') was and is a domestic corporation, licensed and authorized to sell property insurance in the State of New York. with an address and place of business located at One Hartford Plaza, Hartford, Connecticut 06155. 2. That at all times hereinafter mentioned, defendant, Breather Products US, Inc. ("Defendant Breather") was and is a domestic corporation licensed and registered to do business in the State of New York with an office at 455 Broadway, 3rd Floor, New York, New York 10013. Venue 3. Venue is in New York County, the county in which a substantial part of the events or omissions giving rise to the claim occurred. N.Y. CPLR 503(A). 20391154-v1 1 of 4 FILED: NEW YORK COUNTY CLERK 02/18/2020 11:22 AM INDEX NO. 151750/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/18/2020 First Cause of Action (Negligence) 4. Breather Products US, Inc. ("Breather") leases space on the third floor of 220 Fifth Avenue, New York, New York 10001. 5. Riskified leased space on the second floor of the building at 220 fifth Avenue, New York, New York. 6. Pursuant to Clause 8 of the Breather's lease with the Owner of the building, Breather was obligated to maintain the HVAC system in its leased premises. 7. On January 31, 2019, due to Breather's failure to maintain its HVAC system, pipes froze and burst, causing water to flow down into Riskified's lease premises. 8. Defendant Breather was negligent in failing to properly maintain the HVAC system. 9. As a result of Defendant Breather's negligence, Riskified incurred damages in the amount of $359,391.87. 10. Sentinel Insurance Company, Ltd. insured Riskified under a property insurance policy No. 30 SBARS 220. 11. As a result of this water leak Riskified submitted a claim to Sentinel Insurance Company, Ltd. 12. Pursuant to the terms of the policy, Sentinel paid Riskified $359,391.87 and Sentinel is subrogated to the rights of its insured Riskified. There was also a $1,000.00 deductible. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 02/18/2020 11:22 AM INDEX NO. 151750/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/18/2020 WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of Three Hundred Fifty-Nine Thousand, Three Hundred Ninety-One dollars and eighty-seven cents ($359,391.87), together with the costs and disbursements of this action together with interest at 9% from the date of loss of January 31, 2019. Dated: February 18, 2020. ROBINSON & COLE LLP By: Gregory J. Ligelis Attorneys for Plaintiff Sentinel Insurance Company, Ltd. a/s/o Riskified, Inc. 1055 Washington Blvd. Stamford, CT 06901 Tel.: 203.462.7516 Fax: 203-462-7599 gligelis@rc.com Chrysler East Building 666 Third Avenue, 20th Floor New York, New York 10017 Tel.: 212.451.2900 Fax: 212.451.2999 TO: Breather Products US, Inc. 455 Broadway, 3rd Floor New York, New York 10013 (via Secy. of State) 3 3 of 4 FILED: NEW YORK COUNTY CLERK 02/18/2020 11:22 AM INDEX NO. 151750/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/18/2020 ATTORNEY'S VERIFICATION of the GREGORY J. LIGELIS, an attorney duly admitted to practice before the Courts State of New York, affirms the following to be true under penalties of perjury. f, Iam an attorney with the law firm of Robinson & Cole LLP, attorney for Plaintif Verified Sentinel Insurance Company, Ltd. a/s/o Riskified, Inc. Ihave read the attached ge, except those Complaint and know the contents thereof, and the same are true to my knowled as to those matters therein which are stated to be alleged upon information and belief, and mattersIbelieve them to be true. My belief, as to those matters therein not stated upon d in my files. knowledge, is based upon facts, records, and other pertinent information containe whereinI Imake the foregoing affirmation because Plaintiff is not presently in the county maintain my offices. Sworn to before me this kce1A%-day of February, 2020 Notary Public Andrea Strada State of Connecticut Notary Public Commission No. 141196 r i‘ My Commission Expires 4/30/2020 4 4 of 4